10 Misconceptions Your Boss Has Concerning Auto Accident Law
Phases of an auto accident legal accident law (use 211.110.178.122 here) Accident Lawsuit
Damage to property, medical bills, and lost wages can be significant following a car accident. A knowledgeable attorney can help you receive the compensation you need.
The process varies from case to case but generally, it begins with filing an action. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are an important part of any auto accident lawsuit. They can help the judge or jury to comprehend how the accident affected your life, as well as the physical, emotional and financial costs of your injuries. Insurance companies will have a hard time to challenge the narrative told by medical records.
You might only have a limited amount of time, contingent on the laws in your state and the policy of your doctor to request medical records. You should speak with your lawyer as soon following an accident as you can. Health Information Portability and Accountability Act (HIPAA) HIPAA ensures that you have the right to access these records. This does not mean you or your lawyer are the only ones able to access your medical records. Insurance companies constantly look for evidence that might suggest your injuries might not be as serious as you claim or have a pre-existing condition.
Your lawyer will make use of your medical records to prepare a demand letters, which will contain evidence to justify the damages you're seeking. It is essential that your lawyer only provide relevant medical documents to the insurance company, because they could ask you to sign an authorization that permits them to access all of your medical records. This is not beneficial to your claim, as it could expose past injuries that are not relevant to this claim.
Police Reports
When a police officer responds to a call for assistance, or an accident, he or she makes a police report. Although they cannot be admitted in a court of law (they are deemed to be hearsay) they can provide valuable information for attorneys when researching and preparing cases.
A police report provides an objective assessment of what transpired in the crash, based upon witness statements and the officer's observations regarding the damage to the vehicle, weather conditions, drivers, and so on. It's an important piece of evidence that can aid in winning a lawsuit in a car auto accident settlement.
You can typically request a copy from the police precinct that handled the investigation. Call their emergency line and provide an original receipt or an incident number to prove your identity. The police department may also have a website where you can request copies of your records online.
When your medical bills and property damage as well as lost wages reach a certain amount, you will need to file a lawsuit against the driver at fault. The police report is an essential tool in settlement negotiations, especially when you can prove the other driver's fault from the evidence provided by the officer. But, many cases settle settlements without ever going to trial. The process of preparing for trial can be lengthy and your case may not be resolved until a year after filing it.
Insurance Company Negotiations
Once the adjuster has all the information they require from you as well as your car accident investigation, he will make an offer to settle. To create their initial offer, they'll input all the details and facts into the computer program. They'll likely produce a number that's much lower than what you calculated based on your study. When insurance companies offer settlement offers, they've got their own financial interests in their minds.
They'll want to limit how much they are required to pay for medical bills and other damages. You can counter by highlighting the many ways that your injuries could affect your life in the coming years. For example, you can point to your mounting medical bills, your lost earning capacity, and the physical and emotional suffering you're experiencing.
Your lawyer or you then prepare a demand letter and send it to the insurance company. It should include all the evidence you have gathered and include witness statements, photos of your injuries and Auto Accident Law any documents that support your losses. You'll also prepare the list of your non-negotiables, so you can stop the insurance company from lowballing you. When an agreement is reached it will be documented in an agreement for settlement in writing. It's not uncommon for back-and-forth to occur during these negotiations, but remaining in the moment will help you get an acceptable settlement.
Legal Advice
Discovery is the next phase of the lawsuit, in which both parties exchange information and evidence. Parties may request medical records and police reports, as well as witness statements. They will also send the other interrogatories (written questions to be answered under oath by end of a specified time). Additionally your lawyer will record the extent of your physical emotional and psychological traumas as well as the other damages you may be seeking to recover in the future, including current and future medical costs, property damage, and lost wages.
Your lawyer will also talk with experts such as medical specialists as well as mechanics and engineers. These experts can help the jury to get clear information about your injuries and accident.
Your lawyer will begin negotiations with insurance companies to try to settle your claim without trial. If the insurance company does not offer you an acceptable settlement or does not take into account your injuries and other damages, your case will likely go to trial.
Although a small percentage of cases go to trial it is essential for victims to start a lawsuit as quickly as they can. Over time, memories fade, witnesses die, and evidence disappears, making it more difficult to file a convincing claim to receive the maximum amount of compensation. It is also important to adhere to the statute of limitations for your state, which can vary between 1 and 6 years.
